Felony Lawyer Mount Pleasant, SC
South Carolina laws do permit defendants to be released on bail before their trial under certain circumstances. A felony lawyer in Mount Pleasant, SC knows that this right is guaranteed under the South Carolina Constitution, with the exception being for defendants who are charged with offenses that are punishable by life in prison or if the crime is classified as a capital offense.
When a judge is deciding on how much bail will be required, there are certain criteria that must be met. For example, the judge must make sure to set the amount of bail sufficiently high enough to ensure the defendant will comply with the terms of bail and appear back for all court appearances connected to the case. The bail amount must also be in line with the circumstances of the alleged crime and the nature of the offense.
The court will also weigh the defendant’s ability to come up with the bail amount, as well as the safety of any alleged victims.
Additionally, the court may consider the defendant’s employment status, family and community ties, whether he or she has a prior criminal record, and any aggravating circumstances related to the charged offense when setting bail.
Above all, the court cannot abuse its power of setting bail to punish the defendant.
Conditions of Bail
When a judge sets the amount of bail, he or she often imposes certain conditions, especially in felony cases. Some of the more common bail conditions include:
- The defendant must notify the court if his or her address changes.
- The defendant must abstain from use of alcohol and/or drugs and may be required to submit to random drug testing.
- If there are any alleged victims, the defendant will be prohibited from contacting the victim or any family members, going near the victim’s home, place of employment, school, etc.
- The defendant must not commit any other criminal offenses.
In some cases, the court may require the defendant to submit to electronic monitoring, be under a nightly home curfew, and/or home confinement.
Violating the conditions of bail or failing to appear at a court proceeding has serious consequences. The court will likely revoke bail and issue a warrant for the defendant’s arrest. This time, the court probably will not grant bail, which means the defendant must remain in jail before and during the trial. However, an effective Mount Pleasant felony lawyer might persuade the court to reinstate the original bond or to set a new bond.
Contact Our Firm Today
If you have been charged with a felony crime you need an experienced criminal defense attorney to ensure that your right to bail is met, but also someone who will build a strong defense against the prosecution’s case against you.
Call Joe Good, Attorney at Law to schedule a free and confidential consultation with a dedicated Mount Pleasant felony lawyer and find out what legal options are available to fight the charges against you.